The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) Nos.35366, 35368, 35372 & 35374 of 2022 Archana Panda …. Petitioner Mr. D.R. Mohapatra, Advocate -versus- State of Odisha & Others …. Opposite Parties Mr. P.K. Panda, ASC CORAM: JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 05.03.2025 Order No. 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical) Mode.
Legal Reasoning
2. Heard learned counsel appearing for the Parties. 3. Since the present batch of Writ Petitions have been filed inter alia with similar prayer, all the matters
Decision
were heard analogously and disposed of by the present common order. 4. It is contended by the learned counsel appearing for the Petitioners that by the time the Petitioners were appointed as Hindi Teacher in different Schools coming under DEO, Jajpur, Petitioners were having the required qualification for such appointment as Hindi Teacher in terms of the resolution issued on different dates by the Government in the Department of School & Mass Education. // 2 // 4.1. It is contended that in terms of such resolutions issued on different dates, more particularly the clarification issued by the Government-Opposite Party No.1 on 16.11.2020 under Annexure-10, Petitioners became eligible to get the benefit of Trained Graduate Scale of Pay. However, on the face of such eligibility and the recommendation made by the D.E.O., Jajpur seeking clarification from the Director, when the impugned clarification was issued by Opposite Party No.2 under Annexure-1, holding therein that the Petitioners since does not have the required qualification they are not eligible to get the benefit of Trained Graduate scale of pay, the present batch of Writ Petitions were filed inter alia challenging such clarification issued under Annexure-1. 4.2. It is contended that since by the time Petitioners were appointed as Contractual Hindi Teacher, they were having the required qualification as provided in the resolutions issued by the Department on 18.02.2008, 12.05.2009, 09.02.2011, 29.03.2011, 03.10.2012 as well as 27.10.2014, in view of the clarification issued under Annexure-10 on 16.11.2020, Petitioners became eligible to get the benefit of Trained Graduate Scale of Pay. But while issuing the clarification as sought for by the DEO-Opposite Party No.3, Opposite Party No.2 since indicated that the Petitioners are not eligible to get the benefit as they do not have the required prescribed minimum Page 2 of 6 // 3 // qualification, the same is under challenge in the present batch of Writ Petitions. 4.3. It is contended that not only the Petitioners are eligible to get the benefit, but also similarly situated Hindi Teachers appointed on contractual basis were extended with the benefit of Trained Graduate Scale of Pay vide different orders issued under Annexure-17- Series. 4.4. It is contended that since similar benefit has been extended in favour of similarly situated Hindi Teachers vide order under Annexure-17-Series, clarification issued by Opposite Party No.2 under Annexure-1 is not sustainable in the eye of law and it requires interference of this Court. 5. Mr. P.K. Panda, learned Addl. Standing Counsel for the State on the other hand basing on the stand taken in the counter affidavit so filed by the Opposite Party No.2 contended that since in terms of the addendum issued by the Department on 03.10.2012 under Annexure-A/3, Petitioners do not have the required qualification to hold the post of Hindi Teachers in which they were appointed, they were not eligible and entitled to get the benefit of Trained Graduated Scale of Pay. 5.1. It is contended that as provided in the Resolution dtd.29.03.2011 under Annexure-4, the prescribed Page 3 of 6 // 4 // qualification for the post of Hindi Teacher reads as follows:- “A Bachelor's degree from a Recognized University with Hindi as one of the elective subject with Rastrabhasa Ratna from Rastrabhasa Prachar Samiti, Wardha or with Shastri from Orissa Rastra Bhasa Parishad, Puri or with Snatak (acquired by June 2005, the date up to which temporary recognition had been granted) from Hindi Sikshya Samiti, Orissa, Cuttack or an equivalent Degree from a Recognized Institution and Hindi Shikshyan Parangat from Kendriya Hindi Sansthan, Agra"/B.H.Ed. from Hindi Teachers Training Institute, Cuttack/Hindi Teachers Training Certificate Course from Hindi Training Institutes, Cuttack, Bhubaneswar & Sambalpur”. 5.2. It is contended that in the addendum issued by the Department on 03.10.2012, it was indicated that a candidate who does not have the required qualification and appointed as a Hindi Teacher, contrary to the qualification prescribed in the resolution dtd.29.03.2011, they will get the benefit of untrained scale of pay. 5.3. It is accordingly contended that since the Petitioners do not have the required qualification as prescribed in resolution dtd.29.03.2011 in view of the addendum issued on 03.10.2012, they are not eligible to get the benefit of trained graduate scale of pay which has been rightly clarified by Opposite Party No.2 vide letter dtd.27.10.2022 under Annexure-1. 6. Having heard learned counsel appearing for the Parties and considering the submissions made, this Court finds that vide Resolution dtd.29.03.2011 under Page 4 of 6 // 5 // Annexure-4 for appointment as against the post of Hindi Teacher, the required qualification was prescribed by the Department. It is not disputed by the learned counsel appearing for the Petitioners that Petitioners do not have the qualification prescribed in Resolution dtd.29.03.2011, i.e. Hindi Sikhya Parangat from Kendriya Hindi Sanstan, Agra/ B.H.Ed. from Hindi Teachers Training Institute, Cuttack/ Hindi Teachers Training Certificate Course from Hindi Training Institutes, Cuttack, Bhubaneswar & Sambalpur and all the Petitioners are having qualification of Hindi Siskhyan Praveen from Kendriya Hindi Sanstan, Agra. Since the Petitioners admittedly do not have the required qualification as prescribed in Resolution dtd.29.03.2011, this Court finds no illegality or irregularity with the clarification issued under Annexure-1. 6.1. However, considering the submissions made, that similarly situated Hindi Teachers with having no qualification in terms of the Resolution dtd.29.03.2011 have got the benefit of trained graduate of scale of pay vide order under Annexure-17-Series, this Court while disposing the Writ Petition grants liberty to the Petitioners to make individual applications before Opposite Party No.2 bringing him to his notice the orders issued under Annexure-17-Series along with an application. Page 5 of 6 // 6 // 6.2. It is observed that if any such application is filed individually by the Petitioners along with the orders available under Annexure-17-Series, Opposite Party No.2 shall take a lawful decision on the claim of the Petitioners within a period of three (3) months from the date of receipt of such applications. 7. With the aforesaid observations and directions, all the Writ Petitions stand disposed of. Photocopy of the order be placed in the connected 8. case records. (Biraja Prasanna Satapathy) Judge Subrat Signature Not Verified Digitally Signed Signed by: SUBRAT KUMAR BARIK Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 11-Mar-2025 16:09:29 Page 6 of 6